• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

LPDD

  • Top Resources
    • What’s New
  • Model Laws
  • Pathways
    • 1. Context
    • 2. Cross-Cutting Approaches to Reducing Emissions
    • 3. Energy Efficiency, Conservation, and Fuel Switching in Buildings and Industry
    • 4. Energy Efficiency, Conservation, and Fuel Switching in Transportation
    • 5. Electricity Decarbonization
    • 6. Fuel Decarbonization
    • 7. Carbon Capture and Negative Emissions
    • 8. Non-Carbon Dioxide Climate Pollutants
  • Search
  • About
    • Our Team
    • In the News and Events
    • Glossary
  • Get Involved
    • Get Involved: Drafting
    • Get Involved: Peer Review
    • Get Involved: Outreach
    • Get Involved: Law Schools

New LPDD Model Law Providing State Income Tax Credits for EV Charging Stations

April 6, 2021

The LPDD team is proud to announce the publication of a new model law providing state income tax credits for EV charging stations. The model law was peer reviewed by Tracey Roberts of Samford University. It is available to be viewed here.

Excerpted from the introductory memorandum to the model law:

Currently, the federal government provides a credit against federal income tax for 30% of the cost of an electric charging station for residential and commercial applications. However, that credit is scheduled to expire on December 31, 2021. Whether or not the federal tax credit program is renewed, States have a critical role to play in sparking the robust development of electric vehicle charging infrastructure nationwide. The model law would establish a credit against state income tax and further incentivize the development of EV charging infrastructure in the state.

The model law provides for different levels of tax credits, as follows: (i) up to a 20% credit for the cost of the purchase and installation of new electric vehicle charging equipment that is at least a “Level 2” charger, without restriction on use or location; (ii) up to a 30% credit for the cost of the purchase and installation of new electric vehicle charging equipment charging equipment that is at least a “Level 2” charger and is made available to the public; and (iii) up to a 35% credit for the cost of the purchase and installation of new electric vehicle charging equipment that is at least a “Level 2” charger, and is made available to the public and located along a critical travel corridor designated by the tax administrator in consultation with the state’s transportation commissioner. (The credit amounts set forth in the model law are suggestions only, and would be at the discretion of state legislatures.)

The model law directs the state tax authority to promulgate implementing regulations, and in doing so to consider measures (including the scaling of tax benefits within the limits set forth in the statute) to encourage the installation of equipment that: (i) is capable of providing DC fast charging along critical travel corridors; (ii) has features making it convenient for use by the general public; (iii) is co-optimized with other electric vehicle charging networks; and (iv) is capable of tracking time of use or otherwise designed to benefit the electrical grid.  The regulations must also include provisions for the recapture of credits allowed for publicly available charging stations and stations located along critical corridors in the event that those chargers are removed from service within one year after initial installation. The credit program under the model law terminates on December 31, 2030.

Primary Sidebar

Categories

  • News
  • Top Resources

Archives

  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
Creation of the site was generously supported by the Andrew Sabin Family Foundation.
© 2021 Sabin Center for Climate Change Law

This website provides educational information. It does not, nor is it intended to, provide legal advice. No attorney-client relationship is established by use of this site. Consult with an attorney for any needed legal advice. There is no warranty of accuracy, adequacy or comprehensiveness. Those who use information from this website do so at their own risk.

Laws vary considerably from jurisdiction to jurisdiction. The model legal documents on this website are not specific to any jurisdiction. They should be viewed solely as a starting point for legislators, policymakers and interested stakeholders, and would need to be adapted and modified to the particularities of local, county, state, federal and other legal systems in consultation with an attorney licensed to practice and experienced in the drafting and enactment of legislation in that jurisdiction.

Made with by Satellite Jones